RJP v Marist Fathers Australian Province and Trustees of the Marist Fathers for the Province of Australia [2023] NSWSC 636

RJP v Marist Fathers Australian Province and Trustees of the Marist Fathers for the Province of Australia [2023] NSWSC 636

A short adjournment is appropriate to accommodate the plaintiff's acute emotional distress without unduly prejudicing the fourth defendant; an eight-week adjournment will balance both parties' interests and serve justice.

Jurisdiction
Australia
Judgment Date
18 May 2023
Procedural Posture
Civil Proceedings for Damages / Application for Adjournment of Final Hearing
Outcome
Eight-week adjournment granted, hearing vacated and refixed; costs reserved
Legal Topics
['adjournment' 'hearing Management']
['civil Procedure'] ['adjournment' 'hearing Management']

Case Brief

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Procedural Posture

Civil Proceedings for Damages / Application for Adjournment of Final Hearing

Legal Issues

  1. 1 ["Whether the hearing should be adjourned due to the plaintiff's personal turmoil and emotional distress"]

Ratio Decidendi

A short adjournment is appropriate to accommodate the plaintiff's acute emotional distress without unduly prejudicing the fourth defendant; an eight-week adjournment will balance both parties' interests and serve justice.

Court Disposition

Eight-week adjournment granted, hearing vacated and refixed; costs reserved

Orders

  • ['Vacate the hearing of the proceedings presently fixed on 29 May 2023.' 'Fix the hearing of those proceedings on 24 July 2023 with a maximum estimate of five days.' 'Reserve all questions of costs.' 'Stand the proceedings over for directions before Garling J at 9.30am on 23 June 2023.']